Will a judge deny my permit to travel outside the country for my wedding?

Asked almost 2 years ago - Valley Stream, NY

I received a DUI last year and I'm on probation. I've received travel permits to travel for work around the US. Me and my fiancé are hoping to be married over seas where most of our families lives. My probation was suppose to end in March because of good behavior, but now my PO told me I have another year. What are the chances a judge would deny my foreign travel for my wedding? do I need a lawyer to make the process easier? What type of lawyer would I be looking if I went that route? I would be very crushed If I took this away from my fiancé...

Thank you in advance.

Additional information

The PO said my travel is ok with him, but I would need a judges approval.

As for my probation being extended, my breathalyzer showed a reading, I called tech support at they helped me get my car running, said its a low reading and its probably from my cologne. My PO said I'm responsible for maintaining my device and knowing what I can have around it...terrible.

Attorney answers (5)

  1. Jay K Goldberg

    Contributor Level 16

    10

    Lawyers agree

    Answered . You should first ask permission from probation. If they say no, either your original attorney or a new attorney will have to make a motion before the judge. If the wedding is at a location where most of the family resides, and that can be proved, the judge might allow it.

  2. Eric Edward Rothstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . First, you should ask your Probation Officer for permission to travel outside your usual restrictions. Second, you ask the Judge if your PO says no. If you need to ask the Judge, I suggest you retain a criminal defense lwyer to make a motion. Don't wait until the last minute. It is hard to know how a particular Judge will react. You have to assume the Probation Department will oppose. A judge could say get married in New York. I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years.

    Eric Rothstein
    11 Park Place, Suite 1801
    New York, New York 10007
    Phone: 212-385-8015
    Email: Eric@RothsteinLawNY.com
    Web site: www.RothsteinLawNY.com
    Free consultations by phone or in person

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Joseph A Lo Piccolo

    Contributor Level 20

    7

    Lawyers agree

    Answered . You have to ask the PO.
    They ask the judge.
    If they don't and just say no, you need a local criminal attorney to make the motion to allow you to travel to the judge.
    It is likely to be granted in the end but it might be a fight to get there.
    It also has to be concrete and not just speculative.
    Good Luck and Congrats.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Zev Goldstein

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . I agree with all my colleges have said above.
    You could ask your new PO (your wife) to drive.
    Congrats:)

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . I think you have an excellent chance for your probation officer or the Judge to grant your request.
    The only area of concern is why it was suppose to end in March for good behavior and was extended.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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